GERMANO v. KERNER

JOSEPH GERMANO ET AL., PLAINTIFFS,v.OTTO KERNER, AS GOVERNOR OF THE STATE OF ILLINOIS AND CHAIRMAN OF THE STATE ELECTORAL BOARD, ET AL., DEFENDANTS.

Before Schnackenberg, Circuit Judge, and Campbell and Austin,
District Judges.

The opinion of the court was delivered by: Campbell, Chief Judge.

PRE-TRIAL MEMORANDUM (RULE 16 F.R.Civ.P.) August 25, 1965

Let the record herein show, that subsequent to the order of the
Supreme Court of Illinois in People ex rel. Engle v. Kerner et
al., 210 N.E.2d 165, dated July 29, 1965, and recognizing that
the Supreme Court of Illinois wisely gave the two opposing
factions of the State Electoral Board a final opportunity to
settle in an orderly fashion the longstanding Illinois
reapportionment controversy — I requested counsel for said
factions to confer with me in pre-trial conference. Both counsel
kindly complied and agreed that the public interest would best be
served by an early end to the Illinois Senate reapportionment
conflict. Both counsel also agreed to endeavor, with my
assistance, to stipulate to a fair and equitable reapportionment
of the Illinois Senate in accordance with the principle of "one
man, one vote" and the provisions of Illinois law.

Counsel have since conferred with each other and with the
respective parties they represent, and many further pre-trial
conferences were held before me with the knowledge and approval
of the Illinois Supreme Court up to and including August 19,
1965. On that date counsel appeared and advised that, although
much agreement had been reached, they were unable fully to
resolve their few remaining differences and thus could not
stipulate to any senatorial reapportionment map.

During the course of our many meetings and by the time the
negotiations between the parties reached this impasse, counsel
for both factions had submitted a number of proposed
reapportionment plans, with accompanying population data and
other relevant information. All of this material was examined by
me and members of the Illinois Supreme Court and after further
consultation with counsel, a senatorial reapportionment plan has
been prepared upon the basis of the aforesaid preliminary
agreement. A copy is attached hereto with maps, legal
descriptions and population totals for proposed senatorial
districts according to the 1960 census.

It is my considered opinion that this plan is a just,
equitable, and constitutional reapportionment of the Illinois
Senate; I also believe that the plan constitutes a fair
compromise between the divergent proposals submitted by the
parties. Accordingly I hereby file this Memorandum herein and the
Clerk is instructed to submit a copy of this Memorandum and the
attached plan to the Illinois Supreme Court.

The aforesaid plan and attachments have been submitted to the
other members of the panel of this court (Schnackenberg, C.J.,
presiding and Austin, D.J.) and they concur in what I have done
herein. In order to dispose of this matter a hearing will be held
by this Court upon notice to all counsel of record.

Subsequently this Court (per Campbell, J.), with the knowledge
and approval of the Supreme Court of Illinois, conducted numerous
and extensive pretrial conferences in an effort to obtain
agreement among the members of the Illinois Electoral Board as to
a constitutionally valid reapportionment of the Illinois Senate.
Although complete agreement did not result, substantial progress
was achieved; on August 25, 1965, the pre-trial conferences
culminated in the entry in this cause of a Pretrial Memorandum
attaching and incorporating a provisional senatorial
reapportionment plan (including maps, legal descriptions and
population data).

The said reapportionment plan was based upon the areas of
agreement reached by the parties; district boundaries were drawn
by the Court in the instances where the parties could not agree.
The Pretrial Memorandum was concurred in by all the members of
this Court, and was transmitted forthwith to the Clerk of the
Supreme Court of Illinois.

On September 9, 1965, the Supreme Court of Illinois issued its
opinion and decision in People ex rel. Engle v. Kerner, supra,
fully approving and adopting the provisional senatorial
reapportionment plan attached to and incorporated in this Court's
Pretrial Memorandum Ill., 210 N.E.2d 165. The Clerk of the
Supreme Court of Illinois has now transmitted that Court's
opinion and the accompanying reapportionment plan to the Clerk of
this Court and it has been filed in this cause.

Pursuant to the Pretrial Memorandum of August 25, 1965, it is
hereby ordered that a rule be and the same is hereby entered upon
all parties herein to show cause, if any, and in writing within
ten (10) days as to why the senatorial reapportionment plan
(attached to the Pretrial Memorandum of August 25, 1965 and to
the Opinion of the Supreme Court of Illinois of September 9,
1965) is not constitutional and to further show cause, if any, as
to why this Court should not now enter a final order finding said
plan constitutional.

JUDGMENT

Pursuant to the rule entered by this Court on September 29,
1965, the Court has received the written suggestions of the
parties hereto and finds that the reapportionment plan for the
Illinois Senate embodied in this Court's Pretrial Memorandum of
August 25, 1965 (subsequently approved and adopted by the Supreme
Court of Illinois on September 9, 1965) is in compliance with the
federal constitutional principle of "one man one - vote".
(U.S.Const., Amendment XIV; Reynolds v. Sims, 377 U.S. 533, 84
S.Ct. 1362, 12 L.Ed.2d 506; Lucas v. Forty-Fourth General
Assembly of Colorado, 377 U.S. 713, 84 S.Ct. 1459, 12 L.Ed.2d
632. The Court accordingly finds that approval of the said
reapportionment plan will fully comply with the Mandate of the
Supreme Court of the United States in this cause (381 U.S. 407,
85 S.Ct. 1525, 14 L.Ed.2d 477) and will dispose of this action
upon its merits.

LEGAL DESCRIPTIONS FOR COOK COUNTY SENATE DISTRICTS OUTSIDE THE
CITY OF CHICAGO

District 1: New Trier Township, Evanston Township, that part
of Northfield Township lying to the south and east of a line
described as follows: beginning at the point where Voltz Road
extended intercepts the eastern township boundary proceed west
along the center of Voltz Road to the center of the intersection
with the Chicago and North Western Railway Company's
Valley-to-Norma freight line, then in a southerly and westerly
direction along said line to the point where it intercepts the
southern township boundary, that part of Niles Township lying
north of Dempster Street and east of Crawford Avenue, all in Cook
County.

District 2: The townships of Leyden, Norwood Park, River
Forest, and that part of Oak Park Township lying north of Madison
Street, all in Cook County.

District 3: The townships of Barrington, Elk Grove, Hanover,
Palatine, Shaumberg, and Wheeling, that part of Northfield
Township lying to the north and west of a line described as
follows: beginning at the point where Voltz Road extended
intercepts the eastern township boundary proceed west along the
center of Voltz Road to the center of the intersection with the
Chicago and North Western Railway Company's Valley-to-Norma
freight line, then proceed in a southerly and westerly direction
along said freight line to the point where it intercepts the
south township boundary, that part of Maine Township lying north
and west of a line described as follows: beginning at the western
boundary of Maine Township at Thacker Street proceed east on
Thacker Street to the Chicago and North Western Railway
right-of-way then north along said right-of-way to the
intersection with the Chicago and North Western Railway Company's
Valley-to-Norma freight line, then northeasterly along said
freight line to the Des Plaines River, then northerly along the
Des Plaines River to the northern boundary of Maine Township, all
in Cook County.

District 4: Maine Township, excepting that portion which lies
to the north and west of a line described as follows: beginning
at the western boundary of Maine Township proceed east along the
center of Thacker Street to the Chicago and North Western Railway
right-of-way then north along said right-of-way to the
intersection with the Chicago and North Western Railway Company's
Valley-to-Norma freight line, then northeasterly along said
freight line to the Des Plaines River, then northerly along the
Des Plaines River to the northern boundary of Maine Township, and
Niles Township excepting that part lying north of Dempster Street
and east of Crawford Avenue, all in Cook County.

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